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espncricinfo.com
Nagraj Gollapudi
21-27 minutes
On July 18, 2016, the Supreme Court passed its final order on the case
involving the BCCI and its implementation of the Lodha Committee's
recommendations.
The Court had appointed the committee in January 2015 to look into the
functioning of the Indian board and suggest changes to its constitution.
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The final order of the two-judge bench comprising TS Thakur, the Chief
Justice of India, and Justice Ibrahim Kalifulla, signed off on most of the
Lodha proposals, setting in motion a major revamp of the way cricket is
run in India.
The following is a summary of the case from the time the committee was
appointed.
The questions were split into eight sections and covered an exhaustive
set of topics from the role of the BCCI's stakeholders to the board's
election processes, the basis and formation of its various committees,
player welfare, conflict of interest and transparency in the IPL's
functioning.
Taking cognizance of the fact India are the only country to not have a
players' body, the Lodha committee recommends the formation of a
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players' association.
Three days after the Lodha committee report became public, Anurag
Thakur, BCCI secretary at the time, sends an e-mail to all state
associations asking them to study the report, determine how it affects
each of them individually and submit their findings to the board by
January 31.
Having noticed the BCCI and the state associations delaying their formal
response to the Lodha committee recommendations, the Supreme Court
sets March 3rd as the deadline for the board to make their stance clear
one way or another. "If you have any difficulty in implementing it [the
reforms] we will have the Lodha Committee implement it for you,"
Justice Thakur tells the BCCI counsel, a view he repeated several times.
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Anurag Thakur and the BCCI had accepted some of the changes that were
recommended, but were adamantly against others like the one-state-one-vote
and an age cap on administrators PTI
"When the report came, I wrote a letter to all the state associations to
call their meetings. Many state associations have already held their
managing committee or working committee meetings. They are going to
have their special general meetings before the BCCI's special general
meeting in the third week of February. So I think it is a due process. We
are not slow at all. We are not shying away. We are not looking at any
escape route."
Two days later, the BCCI finally calls for an SGM to discuss the Lodha
report
More questions than answers arise when BCCI responds to the Lodha
report. Its members cite "anomalies and difficulties" in implementing the
recommendations. Thakur is asked to file an affidavit to counter the
Lodha report in the Supreme Court.
Two days before the Supreme Court deadline, the BCCI files its affidavit,
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Although the Court says it will ask the Lodha committee to reconsider
some of the suggestions, it does not take pleasantly to the BCCI's
continued reluctance to change.
Having asked the BCCI and its state associations for an audited account
of their books over the last five years and finding disparities in the
distribution of funds between members, the Court slams the Indian
board. "You function like 'show me the face; I will make the payment...'
[The] impression that one gets is that you are practically corrupting the
persons by not demanding how the money is spent... [It's] like the
moment you want a vote and their hands will go up," Justice Thakur
says.
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"Is it possible? What have you done? We have seen the allegations of
match-fixing and betting. You have no control over these. But you give
money in crores. The Lodha committee has said something. It has been
said to make the functioning more transparent and visible and the effort
is to reform the BCCI."
The Court continues to use stern language with regard to BCCI and its
state associations. "You are running a prohibitory regime, which is
spread across the country," it says. "You have complete monopoly. If any
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Apr 29, 2016 - Court firm on the age cap of 70 for administrators
"Why do you want to hold on to the reign for such a long time? Even the
Supreme Court judges retire at 65," Thakur tells Arvind Datar, senior
counsel for the Tamil Nadu Cricket Association (TNCA). "You have been
given five more years. You had a president [the late Jagmohan Dalmiya]
who could not speak, could not communicate. Those who elected him [in
2015] did not see whom they were electing? These days, even in politics
people are retiring."
Saying the Lodha committee is competent and can perform the "surgery"
to repair Indian cricket administration, the court tells the counsel for
Odisha Cricket Association: "After a certain age they [people over 70]
must retire and do something else. They cannot head a society
managing sports."
May 2, 2016 - 'State associations will have to fall in line with Lodha
reforms'
The Court makes it categorically clear that the BCCI and all of its state
associations will have to implement the Lodha reforms.
"Once the BCCI is reformed it will go down the line and all cricket
associations will have to reform themselves if they want to associate
with it. The committee constituted in the wake of match-fixing and
spot-fixing allegations was a serious exercise and not a futile exercise,"
the two-judge bench says in response to an intervention plea filed by the
Haryana Cricket Association stating the Lodha Committee's remit was to
only recommend changes.
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The Lodha Committee asks the BCCI to direct all state associations to
put their annual elections on hold. Consequently, the Cricket Association
of Bengal (CAB) and the Karnataka State Cricket Association (KSCA)
postpone their elections.
The Lodha Committee had written to BCCI CEO Rahul Johri that only routine
affairs could be handled at the AGM Sajjad Hussain/AFP
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July 21, 2016 - Lodha Committee clarifies nine-year cap for state
administrators
The Lodha Committee makes it clear that office bearers, across the
BCCI and state associations, who have completed nine years in the job
cumulatively stand disqualified and cannot contest for another term.
Sharad Pawar becomes the first high-profile name to say he will step
down as MCA president in accordance with the Lodha Committee
recommendations.
Five days into his new role, Justice Katju calls the July 18 order of
Supreme Court "unconstitutional and illegal". "There has been violation
of principles of the [Indian] Constitution. Under our Constitution, we have
legislature, executive and judiciary. There is broad separation of
functions. It's the legislature's prerogative to make laws. If judiciary starts
making laws, one is setting a dangerous precedent," he says. The
following day, the BCCI files a review petition in the Supreme Court
against the July 18 order.
BCCI secretary Ajay Shirke meets the Lodha Committee and says the
board will follow the timelines set by the Committee. He also states that
the board has already begun implementing reforms. The deadline for the
first phase is September 30.
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The BCCI conducts its AGM and defies one part of the Lodha
Committee's order by picking a five-member selection pane for the
men's, women's and junior teams as opposed to a three-member panel
recommended by the Committee.
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The BCCI files a new application, pleading for the Court's July 18
order to be suspended until the Court hears the board's review and
curative petitions against the mandatory implementation of most of
the recommendations.
The BCCI misses the first deadline of September 30, and fails to
adopt the Memorandum of Association and Rules and Regulations
at its SGM, which would trigger the implementation of the Lodha
recommendations. Meanwhile two full members of the board, the
Tripura Cricket Association and the Vidarbha Cricket Association,
unanimously adopt the reforms. The board SGM is pushed to
October 1.
The Lodha Committee asks two Indian banks - Yes Bank and Bank
of Maharashtra - not to disburse funds from the BCCI accounts to
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The Supreme Court adjourns the hearing of the review petition filed
by the BCCI in August challenging the July 18 order that approved
the recommendations of the Lodha Committee.
The Supreme Court passes an order that limits the BCCI's financial
freedom and power until the board and its state associations
comply with the Lodha Committee's recommendations; it directs
the BCCI not to distribute funds to its state associations until they
submit affidavits stating compliance with the recommendations to
the court and the Lodha Committee. It also asks BCCI president
Anurag Thakur and secretary Ajay Shirke to meet the Lodha
Committee before November 3.
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